ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner appeared in the post-Graduate Medical Admission Test, 1987, for admission into post-Graduate degree/ diploma course of the different Medical College of the State of Bihar. The petitioner fulfilled the requisite qualifications for appearing at the said competitive test. The result of the test was published on 9-4-1983 on the notice board of Patna Medical College and subsequently on 10-4-1988 in 'The Times of India', an English daily. The petitioner did not find his Roll Number in the merit list. The petitioner expected at least 75% marks, whereas the persons securing 71% marks were found in the merit list. The answer sheets were evaluated by the Computer. Sometimes the Computer produces erratic results, and, as such, the petitioner requested for revaluation of his answer sheet, but in spite of assurance revaluation was not done. The petitioner, therefore, having no efficacious remedy left, invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.

(2.) No counter-affidavit has been filed by the respondents. However, the counsel appearing on behalf of the State submitted that the answer sheets of the petitioner were not available as they have been destroyed after fifteen days of the publication of the result. In the circumstances, there was no question of re-evaluation of the answer sheets.

(3.) It appears that a Bench of this Court by order dated 17-11-89 directed the petitioner to attend the classes in one of the Medical Colleges of the State and record his attendance on a separate sheet of paper.